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Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......ase (No. 532 of 1984) was filed in the Third Court of Subordinate Judge, Dhaka, by the petitioners. Respondent, Nazma Begum appeared and claiming to be one of the heirs of her grandfather filed an application to be a party to the Succession Certificate Case, she claimed 1-1/13 share in the money..Category: Others | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......question has been described as Muktipatra (deed of release) but it was in fact a deed of transfer and that the kabala dated 13.4.62 was not a benami transaction. 3. Pre-emptee contested the application and contended, inter alia, that he had friendship with Swapan Kumar Dafadar and he acqu..Category: Property Law | Date: | Hits: 106
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......Comilla Bench in Criminal Appeal No. 213 of 1983). Judgment: M H Rahman J.- Leave was grunted to consider whether by the application of section 149 of the Penal Code the conviction of the appellant for his alleged involv..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......allenged the decree before the High Court Division in its revisional jurisdiction (Civil Order No. 579 of 1990). A learned Single Judge of the High Court Division summarily rejected the revisional application in a lengthy judgment mainly discussing the merit of the case, brushing aside the quest..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......ff's failure to pay on due date or demand any money due to him to the Bank. Mr. Asrarul Hossain's submission that Ext. F provides a blanket indemnity to the Bank has no basis at all. Ext. F has no application to the circumstance, leading to the plaintiff’s claims. 13. Coming n..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......n that the suit land was not an enemy property and for permanent injunction against the defendants. During the pendency of the suit the trial court by its order dated 21st September, 1982 allowed the application of respondent No. 1 and his brother Abdul Malik for addition of parties and they were ad..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......se record was transmitted to the Court of Assistant Judge, Chaunarughat and it was renumbered as Title Suit No. 49 of 1988. Thereafter the appellants on the basis of the aforesaid Swaranlipi filed an application before the Assistant Judge under order 22 rule 10 read with section 146 of the Code of C..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....Notification "all Sessions Judges" of the then East Pakistan were made "Senior Special Judges" in respect of their Sessions Divisions. Creation of new Districts or Sessions Divisions does not require fresh Notification as to Senior Special Judge. Moreover, when a public functionary is found to have ......ing trial for offences under section 161 of the Penal Code and section 5(2) of the Prevention of Corruption Act in the Court of Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. On his application under section 561A Cr.P.C., the learned Judges of the High Court Division, by an order d..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......' contract with Rajeshwar and that she had purchased the suit property in auction on 16.11.60 in the aforesaid certificate case and had obtained possession thereof on 24.6.61. The appellants filed an application before the certificate officer on 16.3.61 for setting aside the sale which was dismissed..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......n by the SGS dated 6th October, 1982, and on each and every time when the plaintiff and their lawyers sent telex and served legal notices upon the defendant." 3. The appellant filed an application under Order VII rule 11 CPC for the rejection of the plaint on the ground that the Cou..Category: Business or Commercial Law | Date: | Hits: 124
....e High Court Division by order dated 16.2.1989 made the Rule absolute and directed the release of the detenu at once; that the said order was communicated on 20.2.89 to the appellant and others but a fresh order of detention passed by the Assistant Secretary (Security) of the Ministry of Home Affair......of 1989 convicting the appellant for contempt of Court and sentencing him to pay a fine of Tk. 500.00 in default to suffer simple imprisonment for three (3) days.
2. The aforesaid case arose on an application filed by respondent No. 1 for drawing up a proceeding for contempt of court against the ..
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....ntire land of 0'080 acres and that the appellant's pattan was an ante‑dated document created for the purpose of grabbing the said land. The lower appellate Court discussed the oral evidence afresh and found that in spite of some contradictions in the statements of PWs ‑the plaintiffs...... Mustafa Kamal J.- This appeal by the defendant is by leave from Judgment of the High Court Division, Barisal Bench in Civil Order No. 111 of 1989 dated 6.7.89, summarily rejecting the application under section 115 CPC in affirmance of the judgment and decree dated 22.5.89 passed by ..Category: Property Law | Date: | Hits: 67
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......ng the excitability of the decree was dismissed by the executing court on 1st January, 1990. The petitioner contends that the order was made public on 15th January, 1990 and on that day he made an application for time to move the High Court Division, but that application was rejected on 18th Ja..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....mmary Registration) Order, 1973 came into force under which all trade marks registered in Pakistan ceased to be registered trade marks in Bangladesh and a special procedure was laid down to apply afresh for summary registration of such marks as certified and sealed by the Trade Marks Registry in......own to apply afresh for summary registration of such marks as certified and sealed by the Trade Marks Registry in Pakistan before 26‑3.71. It was required by Article 6 of the said Order that application for summary registration must be filed within one year from the date of commencement of..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... the appellant was not enrolled as an Advocate either under the Pakistan Supreme Court Rules or under the Bangladesh Supreme Court (AD) Rules. He contends that he was not required to be enrolled as fresh as he became entitled to practise in the Appellate Division by operation of law. 7. Th...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......0 passed by the Administrative Appellate Tribunal in Appeal No. 35 of 1989). Judgment: ATM Afzal J : This application is from the judgment and order dated 10.5.1990 passed by the Administrative Appellate ..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rge the other ground that the "authority" was bound to accept the report of the Enquiry Officer; but he has argued that if the authority disagrees with the report of enquiry he must have fresh material and documents which should be placed before the accused employee if he is sought to ......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 68
....ffect from 1.4.53 the Ministry of Defence directed the lease to be executed in Schedule IX of the Rules.
10. M/s Drums Metal Ltd. took over the drum factory from M/s Allenberry & Co. and a fresh sanction was given by the Government of Pakistan, Ministry of Defence of 3.5‑69 amending the......elf which became unable or disabled to do anything rendering the disputed property abandoned under PO No. 16 of 1972.
37. We hold, therefore, that section 3 of the Ordinance has full force and application to the appellant.
38. Apparently, the lease of the disputed land had expired on 3..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......nt. 8. By the impugned judgment under review the appeal was allowed, the judgment of the High Court Division was set aside and those of the Courts below were restored. The appeal was decided on an application of section 47 of the Registration Act. The decisions in the case of Fazar Ali and others..Category: Property Law | Date: | Hits: 73
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